I know inmates canot be released before there minimum sentence is up. But i heard if they get parole they can is this true?? And if it is, is it prabable. And after how many years until a inmate usaly gets offered to try to get parole? thanks any help would be great.

laydlyke

05-19-2008, 07:42 AM

Someone please correct me if I'm wrong but this is my understanding...

"Parole, as it previously existed, was eliminated under the Structured Sentencing Act for crimes committed on or after October 1, 1994. The Structured Sentencing Act mandates that the offender serve at least 100% of the minimum sentence and 85% of the maximum sentence. Once offenders with felony B1-E class convictions have served their required time, they are released on post-release supervision. Offenders with felony F-I class convictions are released from the prison system with no community supervision. The Parole Commission has no decision making power as to the offender's time of release under Structured Sentencing, however it sets conditions for the period of post-release supervision."

Ok, so they can't go below their minimum due to Structured Sentencing.

dea-dea

05-19-2008, 10:07 AM

I don't understand this either!? My boyfriend was sentenced going on a year ago and the judge specifically said that he was eligible for parole...so I don't understand the judge giving him parole if he has to serve the minimum because technically if you serve you min you are already eligible to be released...right??? I am confused. It just doesn't make sense to me...why say parole if it in fact does not exist!?

laydlyke

05-19-2008, 10:22 AM

See, I think that post-release supervision (parole) is for people who's sentence ranges are spread apart to where it's hard to get enough gain time to get to the min. Like my husband's sentence was 5 years 1 month to 6 years 11 months. He was paroled at 5 years 3 months, but his release date, with gain time, was still closer to 6 years.

I'm not sure, but this is my theory. :shrug:

dea-dea

05-19-2008, 01:31 PM

But ok...my boyfriend has 4 charges that are ran consecutive right now...so only one of the charges carries an active sentence. In this case would he be eligible for post-release after he serves the min on the active sentence charge or the min of all the charges combined? That is where I am confused. I just don't think it is right...I guess that is what it is...it is hard to believe they have to serve so much time before you will even think about letting them out! And then even when that time comes you don't have to do it then!

2021

05-19-2008, 02:26 PM

It all depends on the governing laws in effect at the time the crime was committed - not when he/she was prosecuted or sentenced.

www . doc . state . nc . us / parole / process . htm
For those felony offenders who were convicted under the Fair Sentencing Law (crimes occurred between July 1, 1981 and September 30, 1994) and received a term of eighteen (18) months or greater, these offenders, in addition to otherwise possibly qualifying for parole consideration, must be granted a 90 Day Mandatory Parole at the end of the felony term. The Parole Commission does not have discretionary review authority for this type of parole but anyone who has expressed an interest in notification will receive notice prior to the parole of the offender on this type of parole.

Yeah I have read those things too...He was clearly under the new law with the manditory min but I just wanted to know about the sentences being ran consecutively versus concurrent...in the concurrent situaton there us a clear min set in place but for consecutive there isn't...plus if you have a charge that could have possibly been served as an intermediate punishment how does it work...I'm just not sure what exactly is considered his minimum sentence...

2021

05-19-2008, 02:42 PM

Have you spoke with his case manager? He/She could give you the projected release date.
As far as concurrent/consecutive -
Consecutive you add the time for all convictions (charges) then figure the release date from there.
Concurrent, you take the longest (if he was sentenced on all the charges on the same day) term then figure the release date based on that time.

laydlyke

05-19-2008, 02:49 PM

Yeah his absolute minimum time would be calculated by taking the mins of each consecutive sentence and adding them together. For example, if he got a 10-12 month and a 16-20 month...his min would be 26 months and max would be 32 months if his sentences are ran consecutively.

From above example, if he's paroled, it will be between 26 and 32 months of his sentence, but not before the absolute minimum has been served.

Make a lil more sense?

I think for crimes committed after Dec. 1, 2007 the post-release supervision is for 1 year instead of the 9 months it was. But if you're man has been gone a year, then if he has post-release supervision, it will be for 9 months.

To be completely honest with you, if he's within a few months of his release date, I would ask for a denial for parole. Parole is intensive probation basically. It's one step above house arrest. It's hard for them to be home at a certain time and all of that. My husband had a HUGE problem with being "watched" as he called it. Then if he violates, it's back to prison for 9 months. It's a tough decision. Hun said he wouldn't want to be paroled again. He wants to be completely free when he's released this time.

But see, it's in the best interest for the parole board to grant parole because then, the inmate is out faster and there is more room, also, the inmate is supervised. They see it as win win.

dea-dea

05-19-2008, 03:37 PM

No I haven't talked to his case worker...I looked the info up on the doc website when searching for offenders but I just didn't understand why he would have to wait so long in order to be eligible for parole. I pray that they go back to the old law soon! This new law just doesn't make any sense. I can agree with laydlyke...I would want to just be free too...if I served my min let me go and leave me alone...what is the point of supervision of I could technically be free because I have served my debt to society.

JJJ&M

05-19-2008, 08:19 PM

Did you look on the screen that is for advanced users? This option will tell you the date that he becomes eligible for parole. It also tells you his projected release date and any infractions and so forth. It tells a lot more information than the screen that has their picture on it. My husband will be done with his structured sentencing charge on 11-06-08 then his starts a misdemeanor charge which has his PED set at 12-12-08. It also shows on that screen that the parole committee will meet to review his case 01-02-09 which is after he becomes eligible for "parole." He has also been told that he has to go to DART Cherry but they told him he can only do this after he becomes eligible for parole.

JJJ&M

05-19-2008, 08:28 PM

My husband finishes his structured sentencing charge 11-06-08 and then he begins a misdemeanor charge and the computer is showing that he is eligible for parole on 12-12-08 for the misdemeanor charge. He had to serve his min on two box car structured sentencing charge. If you go to the DOC website and click on inmate info for advanced users it will tell if they have a parole eligibility date and a lot of other information that the screen with their picture on it doesn't tell. It also tells if and when the parole committee will review his case. He has been told that he will have to go to DART Cherry for 28 days, but he can only go after he becomes eligible for parole. This doesn't make since to me why he can't go before he becomes eligible for parole but that's just the DOC way. :)

2021

05-19-2008, 09:17 PM

He has been told that he will have to go to DART Cherry for 28 days, but he can only go after he becomes eligible for parole. This doesn't make since to me why he can't go before he becomes eligible for parole but that's just the DOC way. :)

DART Cherry is a post-release facility, although it he would have to stay there. It is not a 'prison' facility but a 'probation/parole' facility.

laydlyke

05-20-2008, 10:23 AM

Hey, I read today, dunno why I didn't see it earlier, that Post-Release Supervision is REQUIRED for all offenders convicted of B1-E felonies. F-I felons are released without PRS.

pinkkrazr

05-20-2008, 11:39 AM

I am trying to gather all the information for fiance to parole out from missouri to NC. I heard he will have to be on HA for 6 months (?) but what is this post release facility. I believe its Missouri's requirement for house arrest.

2021

05-20-2008, 09:22 PM

what is this post release facility. I believe its Missouri's requirement for house arrest.

The facility I was talking (writing) about is DART Cherry (DART = Drug and Alcohol Recovery Treatment). It is a residential facility with 28-day and 90-day programs. Like intensive AA and NA meetings.

dea-dea

05-21-2008, 04:29 PM

Yeah I have been to the screen for advanced users...it just didn't make since to me either...but like you, JJJ&M, said it must just be the DOC way! According to it he won't be eligible for parole until he completes his total min which is rediculous to me but I guess that is just the deal with this structured sentencing bull!

MsAkbar

05-27-2008, 05:13 PM

Hi Dea - I am late but what you have read is correct. If you are convicted of 2 crimes and they are consecutive they both have a min and a max. So if you add the mins you should have a earliest release date. You can also call Raleigh and inquire about your guy and speak to his case analyst. These folks have a # of people assigned to them and can explain in great detail to you. You can also speak with his case manager. NC DOC is never easy.